MAINTAINING ONE OF ASIA’S LARGEST CARBON SINKS
‘THE LEUSER ECOSYSTEM”
BY
DENI PURBA, SH, LL.M
NIP.
196808022003121002
FAKULTAS HUKUM
UNIVERSITAS SUMATERA UTARA
MEDAN
MAINTAINING
ONE
OF
ASIA’S
LARGEST
CARBON
SINKS
“THE
LEUSER
ECOSYSTEM”
1
Deni Purba, SH, LL.M
2
I.
LEGAL
STATUS
OF
THE
LEUSER
ECOSYSTEM
1.1.
The
legal
history
of
Leuser
areas
The first legal conservation area in the Leuser is the Leuser Wildlife Sanctuary
Wildreservaat of . ha endorsed by the Governor of Netherland )ndie‐
Aceh, Mr. A. Ph. Van Aken in under decree No. / . The initial legal request was proposed by the local Acehnese Leaders Datoek and Oeloebalang or Zelfbestuurders by the Tapaktoen Declaration requesting protection area in , which was supported and forwarded by a Dutch Geologist dr. F.C. van (eurn to the Governor.
This first legal Leuser Wildlife Sanctuary to include lowland areas of Bengkung, lake of Bangko, upper Kluet, upper Krueng Kluet, Mamas Valley and mountain
complexes of Leuser, Kemiri, Simpali and Bandahara. )n , Kluet Swamps of
d
. ha were adde .
The importance of Leuser as one of the world’s greatest rainforest has
determined the increased of further Wildreservaat Wildlife Sanctuary in
North Sumatra with the establishment of . ha of Wildreservaat Langkat
Selatan and Langkat Barat and . ha of Sikundur.
)n , Wildreservaat Kappi of . ha was established. Further a Forest
Recreation Area of . ha Lawe Menggurah was established in .
The legal status of the Gunung Leuser National Park has been determined by the
issuance of the Minister of Agriculture Decree No. /Kpts/UM/ . This
Park was determined to cover all the above Gunung Leuser National
This legal research report was prepared in for PEM Gmb(, a consulting company based in Germany. A credit was also provided to KFW German Development Bank for the support of this legal research. The substance provided in this legal report does not necessary is the opinion of PEM Gmb( and KFW.
Legal Expert, graduated from University of North Sumatera in , University of Kent at Canterbury, UK in and trained in (arvard Law School, USA for Program of )nstructions for lawyers in .
(.D. Rijksen, et al, Masterplan: Leuser Development Programme, )CDP, , page . Jan Wind, Gunung Leuser National Park: History, Threats and Options, in the Leuser: Sumatran
Sanctuary edited by Carel P. van Schaik and Jatna Supriatna , YABS(), Perdana Ciptamandiri
conservation areas into a national park The Gunung Leuser National Park with the total area of 792.675 ha. This total area has also included the Sembabala Barat and Serbolangit.
)n , Grand Forest Park Taman (utan Raya Bukit Barisan was established
adjacent to the national park to include Sinabung, Sibayak as well as Langkat Selatan, east of the Wampu River in the North Sumatra.
The legal status of the Gunung Leuser National Park has been revised by the
government with the issuance of the Minister of Forestry Decree No. /Kpts‐
V)/ to cover the total area of 1.094.892 ha in the provinces of North Sumatra and Aceh.(owever, up to the present time the delineation of this new
ppointment has not been gazetted. a
Proposed of Intervention:
Without proper delineation, it would be difficult to enforce the laws inside the National Park. The Gunung Leuser National Park needs to be gazetted and demarcated in the field for the law enforcement purpose.
Activities:
The newly Boundary delineation to follow the 1996 Ministerial Decree needs to be demarcated.
1.2.
Legal
Development
of
the
Leuser
Ecosystem
The evolution of the Leuser Ecosystem has not ended in the Gunung Leuser National Park TNGL area alone, but rather a milestone to the real conservation of the world’s most important remaining low land forest. One of primary reasons, in addition to its importance for the ecological services for communities, is that the most viable population of importance biodiversity remains in the low land forests outside of the TNGL. )n contrast to the TNGL which most of the parts are mountainous areas.
Several previous programmes in the Leuser among others;)ntegrated Conservation and Development Programme )CDP and Leuser Development Programme LDP have accelerated the issuance two important legal statuses for the Leuser Ecosystem.
The Minister Decree No. year has determined the increasing areas of
L. This is the first time that the term Leuser Leuser outside of the TNG
)nterviewed with the (ead of TNGL, (arijoko, dated th October . Because this boundary has not been gazzetted, some organizations even Ministerial decree No. / has used the old national park map.
Ecosystem was introduced.The Leuser Ecosystem under this decree was
determined to cover the total areas of , , .ha. The area to cover various
conservation areas to include the TNGL, Wildlife Sanctuary Rawa Singkil, (unting Park, Nature Reserves, and other utilization areas. This decree was a conservation concessionaire decree for the Leuser )nternational Foundation
Yayasan Leuser )nternasional/YL) .
Three years afterwards, the government issued a Presidential Decree no. year concerning the Management of the Leuser Ecosystem. This Presidential Decree was to revoke the previous Minister of Forestry Decree No. year . Under this Presidential Decree, the management of the Leuser Ecosystem is executed in cooperation between government and YL) for thirty years since
.
Under this Presidential Decree, the Leuser Ecosystem covers the area of . . .‐ ha. This Presidential Decree contained an attachment map of the
E
Leuser cosystem with the coordinate number in it.
Within the period of three years from , the boundary demarcationfor the Leuser Ecosystem has been completed by the LDP in accordance to the Presidential Decree assignment. The coordinate numbers in the Presidential Decree attachment map has been demarcated in the field with poles and billboards.
The Leuser Ecosystem demarcation activities in Aceh have been coordinated by
the Governor of Aceh under the Governor decree No. . / / . The
Governor further formed technical teams from Provincial and Kabupaten experts
under governor decree no. . / / . Upon the completion of the
activities, the Governor of Aceh has sent letters to the Minister of Forestry to legalize the Leuser Ecosystem boundary demarcation with letters No.
. / , dated th September and No. . / dated th
March .
Under the Minister of Foresty Decree No. /Kpts‐))/ , dated th June
, the government has legalized the boundary delineation of the Leuser Ecosystem in Aceh into the following descriptions:
I. The Forestry Areas
1. Wildlife Sanctuary ( Rawa Singkil) ; 102,370 ha
2. National Park (TNGL) ; 602.582 ha
3. Hunting Park (Lingga Isaq) ; 29,090 ha
5. Limited Production Forests ; 8,066 ha
6. Permanent Production Forests ;245,676 ha
II. Other Utilization Areas ;326,080 ha
Total ;2.255,577 ha.
The legal status for the Leuser Ecosystem in the North Sumatra has also been demarcated. Under similar process conducted in Aceh, the Governor of North
Sumatra under the Decree No. . / /K/ had also coordinated the
boundary demarcation of the Leuser Ecosystem. Another decree for the technical
teams had also been issued by Governor Decree No. . / /BPSU/ .
Following the completion of the demarcation with poles and billboards in the field, Governor of North Sumatra has sent a letter to the Minister of Forestry requesting the legalization the boundary demarcation under the letter No.
/ dated rd August .
Minister of Forestry Decree No. /Kpts‐))/ dated st November ,
has legalized the Leuser Ecosystem Demarcation Boundary in the North Sumatra with the following description:
I. The Forest Areas
1. National Park (TNGL) ; 226,903 ha
2. Nature Reserves Areas (Hutan Suaka Alam) ; 394 ha
3. Protection Forests (Hutan Lindung) ; 106,801 ha
4. Limited Production Forests (HPT) ; 28,164 ha
II. Other Utilization Areas (APL) ; 22,032 ha
Total ;384,294
ha
Proposed of Intervention
‐ Although the national regulations have legalized the Leuser Ecosystem , however, the local decree at the provincial level of Perda and or Qanun is required to further strengthened the Leuser Ecosystem status. The need of this Perda and or Qanun is to ensure that all activities and policies at the local levels will ensure to refer to this Leuser Perda and or Qanun.
‐ An awareness programme is required to ensure that all government officials and communities aware of the legal status of the Leuser Ecosystem in the field.
Activities:
‐ Academic study should be made. Meetings with executives(government) to propose the Qanun is required. The public hearing is to consult with communities and other stakeholders. The meetings with parliaments should be made to ensure that the Qanun is accepted and endorsed.
‐ The awareness programmes is required to be made at the 17 kabupatens in North Sumatra and Aceh. The target groups, means of documents, and tools of information for awareness need to be established.
II. CURRENT LEGAL FRAMEWORK
2.1. Authorities managing LE
Despite the legal status has been confirmed by the government, however, authorities managing Leuser Ecosystem are overlapping. These authorities and or executing agenciesare comprised of central government institutions, local
t
government institutions and private ins itution.
The central government institutions identified as having responsibility for managing conservation areasare the Balai Besar Taman Nasional Gunung Leuser BBTNGL , Balai Konservasi Sumber Daya Alam BKSDA . They are called UPT Unit Pelaksana Teknis of P(KA under Ministry of Forestry. )n addition to these UPTs, there are some other UPTs,alsounder Ministry of Forestry which are working and or conducting activities in the Leuser Ecosystem. They are BPDAS, Balai Pemantapan Kawasan (utan BPK( , and BP (P. (owever, these later organizations are not executing institutionsin the Leuser Ecosystem rather having role as coordinating institutions which also to support the role the BBTNGL and BKSDA in certain sectors inside the Leuser Ecosystem.
The BBTNGL has a function to manage the Gunung Leuser National Park TNGL . The current legal basis for the BBTNGL is the Minister of Forestry decree year
established by the Ministry of Forestry, the BBTNGL has the role and responsibility to manage the conservation, preservation, protection and sustainable utilization of the TNGL. )ts furtherimportant responsibility is to manage and safeguard the Gunung Leuser National Park. The BBTNGL has to ensure the law enforcement within the TNGL is upheld.
The BKSDA has a function to manage all other conservation areas outside of TNGL. )ts primary function is to manage and safeguard the conservation areas in the provincial level.
Conservation areas managed by BKSDA are the Nature Reserves Cagar Alam , Wildlife Sanctuary Suaka Margasatwa , (unting Park Taman Buru , TamanWisata Alam Nature Recreational Park . Due to the nature of Leuser Ecosystem situated in the North Sumatra and Nanggroe Aceh Darussalam NAD/ACE( , the BKSDA institutions involve in the management parts of this area are the BKSDA of North Sumatra and the BKSDA of NAD.
The followings are some noted conservation areas outside of TNGL but within the Leuser Ecosystem in the North Sumatra. They are the Nature Reserve of Sibolangit Regency of Deli Serdang/Karo and Aras Napal areas Regency of Langkat . Whereas in Aceh, they are the Wildlife Sanctuary Rawa Singkil Regency of Singkil , the Nature Reserve Serbajadi East Aceh and (unting Park Linge )saq Regency of Central Aceh .
Until present time, these central government UPTs are executing their activities in their respective areas inside the Leuser Ecosystem. The BBTNGL is executing activities in the TNGL, whereas the BKSDA SUMUT and ACE( are executing activities in the conservation areas outside of TNGL but inside of the Leuser Ecosystem respectively in North Sumatra and Aceh.
The local governments of Acehand North Sumatra have different autonomy regulations implemented by both provinces. Whereas the North Sumatra have similar legal basis with other provinces in )ndonesia, the autonomy affairs for Aceh is distinguished. The Aceh Province is the only province in )ndonesia which
has specific regulation for the autonomy affairs under the Act No. year .
As a result, Aceh province has specific institutional approach for the Leuser Ecosystem.
Under Article of Act No. year the central government delegating or providing duties for the local government of Aceh to manage the Leuser Ecosystem.Three months after the issuance of this Act, the Governor of Aceh has
issued a Governor Decree PERGUB No. year , concerning the
establishment of the Management Board for the Leuser Ecosystem or Badan Pengelola Kawasan Ekosistem Leuser BPKEL .
Under this Pergub, the Leuser Ecosystem in Aceh is to refer to the Presidential Decree No. year with field boundary demarcation as legalized by the
Minister of Forestry No. year with the total area in Aceh of 2.255,577
haof various land uses in it.
According to the PERGUB No. , BPKEL has duty among others to manage the Leuser Ecosystem with the activities to conserve, protect/safeguard, rehabilitate,
i t u
mon tor and o se sustainably the ecological services.
The BPKEL is to manage the Leuser Ecosystem which comprise of TNGL, conservation areas outside TNGL, other protection forests and production forests.
Other local institutions managing Leuser Ecosystem are the Dinas Kehutanan. Dinas Kehutanan are institutions created under the Governor of Aceh at provincial level and the Kabupaten levels.)n practice, Dinas Kehutanan responsibles for managing Protection Forest, Production Forest, and Grand Forest Park in the Leuser Ecosystem.
The role of Dinas Kehutanan is determined under Qanun No. year
regarding Forestry in the Province of Aceh. Article of this Qanun clearly mentions, among others; to protect and conserve the forest functions, conduct the management plan, rehabilitate, and manage the licenses in forestry sector. Article of this Qanun has also provided the power of the Provincial Dinas Kehutanan to supervise, monitor and evaluate forestry activities conducted by city/Kabupaten Dinas.
)nside the Leuser Ecosystem in Aceh, there are Dinas Kabupaten levels involve in the protection forest in Aceh Province, in addition to Dinas
level. Kehutanan at the provincial
Article of Act No. / determines Governor of Aceh and Kabupaten/city may establish institution, board, and/or commission according to this Act and with the consent of local parliaments DPRA/DPRK , except under the authority of the executive government. The establishment of institution, board, commission as mentioned above should be made under
anun Aceh Perda/local decree or Kabupaten/city. Q
Similarly, in the Province of North Sumatra, there are Dinas Kehutanan at kabupatens Langkat, Karo, Deli Serdang, Dairi and in the provincial level within the Leuser Ecosystem.
Due to the nature of Leuser Ecosystem contains also these types of forests areas, the Dinas Kehutanans are also important executing agencies in the Leuser Ecosystem for protection forest, production forest and grand forest park outside of TNGL and outside other conservation areas Nature Reserves, Wildlife sanctuary, Nature Recreational Parks, (unting Park .
Given the fact that there are other non forest areas inside the Leuser Ecosystem which are defined as Areal Penggunaan Lain Other Utilization Areas such as land under private ownership (ak Milik , Land Use Rights (ak Guna Usaha /(GU , Building Use Rights (ak Guna Bangunan ,Use Rights (ak Pakai , etc, therefore the National Land Agency Badan Pertanahan Nasional/BPN is in charge to ensure the proper administration of these non forest areas well maintained.
Proposed of Intervention:
Strengthening Authorities Managing the Leuser Ecosystem
1. Government Regulation in the form of PP is required to ensure that the conflicting regulations and management of the Leuser Ecosystem is ended. The PP will also to determine the technical guidance of planning, procedure for the implementation of the PP.
2. In the absent of the PP for final handover from central government to Acehand Qanun for BPKEL and Leuser Ecosystem, all executing parties involve in the management of the Leuser Ecosystem should form an Memorandum of Understanding and or agreement for a coordinated action plan. This is to ensure that the overlapping matters may not necessary resulting further destruction of the Leuser Ecosystem.9 The MoU is required to put some roles
for each institution such as coordinator, enforcement, mediator, and other agreed roles amongst the institutions.
III. MAIN PROBLEMS
The Leuser Ecosystem as National Strategic Areas under the Government Regulation No. / is suffering from various threats. The threats are not only come from its conflicting regulations and institutions resulted to weak legal
framework but also the weak commitment from government officials to conserve Leuser Ecosystem.
The weak legal framework mostly appears in the Leuser Ecosystem due to the low commitment from government officials. This has resulted to at least the following problems ;
1. Encroachment
2. Illegal Logging
3. Poaching
4. Forest Area Degradation and Restoration
5. Wildlife Conflict
6. Forest Fire
7. Biodiversity data base
8. Road constructions
9. Enclaves
10. Boundary demarcation and rehabilitation
11. Conflicting Regulations
12.Overlapping forests land use
13. Unclear authority managing the Leuser Ecosystem
At the present time, there is no forestry regulation can be used to enforce law in the Leuser Ecosystem boundary, except for conservation areas, protection forest which have been clearly mentioned in the various criminal forestry laws. )gnoring the boundary will obviously similar to allowing the areas easily be converted into other uses and or allowing illegal activities in the Leuser Ecosystem. Again to confirm, the forestry law can not be enforced in the boundary of the Leuser Ecosystem but the laws can be enforced only in the conservation areas inside the Leuser Ecosystem. This is why although the Leuser Ecosystem has been legalized by the minister, but the encroachment
apparent because the boundary demarcation in the conservation areas inside the Leuser Ecosystem is not clearly demarcated.
)n regard to the above analysis, there are several main problems that rgently need to be addressed.
u
3.1. CONFLICTING REGULATIONS
3.1.1. Central and local government
Under the national regulations, forest and the conservation areas are managed by the central government. Various regulations have cited these. Article clauses
of Act No. year regarding the Forestry mentioned that the central
government has the authority to implement, manage the forest, forest areas, and
forest products. Article of Act No. year regarding conservation of the
living resources and their ecosystems mentioned that management of the nature reserve areas are conducted by government.
Some other regulations are also cited the fundamental roles that the central at government is managing forest and conservation areas across the entire st e. Thus with the basis of various acts, central government has established all the UPTs Technical Management Unit for various conservation areas across the
country to include the establishment of BBTNGL and BKSDA Aceh and Sumut.
On the other hand, in the year , with the Act No. regarding the Act for
Aceh Administration, the government has released a specific autonomy
regulation for Aceh. Under article of this Act, the government has given the
duty for managing the Leuser Ecosystem to the Aceh Province.
)mmediately, the Aceh Province has established the Management Board for the
Leuser Ecosystem with the Governor Decree No. year .
The handover of the duty in managing the Leuser Ecosystem has not been followed by proper regulation and management relationship between the central government and the local government.
As a result there are conflicting regulations between the some Acts to include Act
No. year and Act No. year , etc which allowing the role of central
government to manage the Leuser Ecosystem against the current Act No. year issued for Aceh which allowing the local government to manage the Leuser Ecosystem.
Under )ndonesian laws Act No. year the hierarchy of the laws in
of the similar laws, the principle of the laws Lex Posterior derogate lex priori, determines that the present enacted issued laws will ruled out the previous enacted laws. (owever, the implementation of using the later principleis not
asy without any further detail regulations. e
Proposed of Intervention:
Harmonising the conflicting regulations
The Government Regulation (PP) for the technical delivery of the authority from central government to local government is required to ensure the steps of the
uties accepted by the Province Aceh is not conflicting with other regulations. d
3.1.2. Institutional onflict
The conflicting regulation at the level of Act is resulting to the institutional c
conflict in managing the Leuser Ecosystem.
The central government institutions such as BBTNGL and BKSDA confirm with their understanding and legal basis that they are the institutions solely responsible for managing the conservation areas within Leuser conservation areas. Other institutions such as BPKEL and YL) which has also some legal basis for the managementare considered as the supporting institutions. These central government officials consider that the term Leuser Ecosystem isonly buffer zoneareas. The buffer zones are areas outside of theirauthoritative areas TNGL or Nature Reserve, wildlife sanctuary, Recreational Parks, and (unting Park .
Whereas under the Pergub No. , the role of BPKEL is not determined as the supporting institutions. The role is to manage the Leuser Ecosystem which also
rv
to include the TNGL, wildlife sanctuary, nature rese es, and protection forest. Under the Presidential Decree, the YL) has also a mandate to implement some activities in the same areas.
The institutional conflict between central government institutions and the local government institutions are apparent. )n addition to it, the institutional conflicts between the local institutions are also apparent due to different legal basis for these institutions. Apart from the smooth practical cooperation between BPKEL and Dinas Kehutanan in the field, however, the legal basis for these local institutions is conflicting.
Article of Qanun No. year regarding Forestry in the Province of Aceh mentions that Dinas Kehutanan has function to protect and conserve the forest functions, conduct the management plan, rehabilitate, and manage the licenses in forestry sector. On the other hand, Article of Pergub No. , BPKEL has duty to manage the Leuser Ecosystem with the activities to conserve, protect/safeguard,
v rehabilitate, monitor and to use sustainably the ecological ser ices
Since the Leuser Ecosystem also comprised of Protection Forest, production forest, and Grand Forest Park, BPKEL and Dinas Kehutanan are addressing similar target areas with similar duties.
)n addition to it, the YL), under article clauses of the Presidential Decree No.
year has also duties to protect and safeguard, preserve, rehabilitate the
area’s function and sustainable use of the Leuser Ecosystem. The fact this
Presidential Decree is somewhat against the Act No. year , but no
revision or revocation of the presidential decree has been made by the government and or president. The consequences of this, despite the agreement that should be made between YL) and the government, any revocation and revision can only be made by judicial review at the Supreme Court and or court decision.
The conflicts between institutions in managing the Leuser Ecosystem are apparent, without further commitment from governments; it would be likely the management of the Leuser Ecosystem will not be effective. Thus further destruction in the Leuser Ecosystem may occur without anyone realizes it.
Proposed of Intervention:
‐ A Qanun for BPKEL is required to replace the pergub No. 52/2006. This qanun shall also ensure the management of the Leuser Ecosystem is confirmed with appointment of institution responsible to manage it. Other institution roles are also be determined. The simplification of the roles between BPKEL and Dinas Kehutanan at the local level is also determined.
3.2. LAW ENFORCEMENT
3.2.1. No law enfo ce en grand design
Law enforcement is extremely weak in the Leuser Ecosystem. No effective
r m t
coordination is made between the law enforcement officials.
within these institutions are comprised of Police Forest and PPNS certain civil servants appointed as investigators .
On the other hand, BPKEL and YL) have no enforcement officials and or not yet allowed by the laws to have the enforcement officials in it.
The rampant encroachment and destruction of conservation areas are mainly due to inability to enforce the laws and weak commitment from these government officials responsible for it.
The BBTNGL at present time has only forest police. From this number only who recorded having PPNS status which means able to arrest illegal person or illegal activities in the TNGL . This number is insufficient to safeguard the TNGL. BKSDA Aceh has only police forest. From this number only who are PPNS. )n addition to this, BBTNGL and BKSDA, under the Directorate General of P(KA have formed SPORC Satuan Polisi (utan Reaksi Cepat or Rapid Action Police Forest Unit. At present time, there are Police Forest under SPORC. From this
number only PPNS. This SPORC is under the coordination from BKSDA
Sumut . This SPORC has activities for all areas in North Sumatra and Aceh, including the Leuser Ecosystem. (owever, due to its wide spread activities, this SPORC can not be focused for the Leuser Ecosystem.
The YL) and BPKEL have undergone most activities on the monitoring of areas and wildlife. )ndeed BPKEL has moved further with trying to involve police against illegal activities in the protection forests inside the Leuser Ecosystem. (owever, this approach remains ineffective because it is made in once and go . )n order to save the Leuser Ecosystem, the law enforcement activities in the Leuser Ecosystem require comprehensive and systematic approaches. An approach with a grand design of an effective law enforcement for , million ha with various modus operandi of illegal activities types are significant to established. This comprehensive concept should not only to enforce the laws on forest areas and wildlife field basis, but also against wrong policies implemented by individuals at the government level such as road construction and concessions in the protection forest.
)n addition to the need of systematically law enforcement approach, the substances of the law needs to be improved. This would include the comprehensive legal substancesestablishment for the whole Leuser Ecosystem. The legal substances, legal structure and legal culture need to be developed.
Op.cit interview (ead of BBTNGL
The police department which has most effective legal support for law enforcement with their offices to cover the whole kabupatens in North Sumatra and Aceh have not been used effectively. Police officials if coordinated well, would likely to be the prime enforcement officials in the Leuser Ecosystem. Although some police officials were claimed to be part of the law enforcement problems, but unending pressure and consultation given to them may directing these officials to enforce the laws effectively.
The vast areas of the Leuser Ecosystem had also need tremendous efforts for the protection zonation design. The local communities and non government organizations have been utilized partially in certain areas in the Leuser Ecosystem.
There is a need to have a comprehensive approach for effective law enforcement in the Leuser Ecosystem.
Proposed of Intervention:
1. The approach for the law enforcement can be made into two categories of activities. The first is the prevention and monitoring activities. The second is the repressive activities. Due to the vast areas of the Leuser Ecosystem, the current enforcement officials (BBTNGL, BKSDA, DISHUT) can also be used to work on their respective areas. However their functions need to be supported by increasing the number of PPNS and equipment.
2. The prevention activities are designed with the involvement of stakeholder’s approaches and involvement. This is by the involvement of the local communities and non government organizations at villages level surrounding the Leuser Ecosystem. The prevention activities is also to include the forest police and if possible with PPNS, pamhut, and forest rangers. The main duties are to regularly monitor within their zonation areas.
3. MoU needs to be formed with the Police Department to ensure that the local government has the support enforcement authority from the Police Department for the Leuser Ecosystem. Should the institution managing the Leuser Ecosystem is given to BPKEL under Qanun, BPKEL can have seconded units from the police officials at their regional offices. The police units will be on and having the office at BPKEL regional field offices. In under administrati
)n a court case no. /PDT.G/ /PN, the Police Department which was sued due to failure to protect Leuser Ecosystem had claimed that the Police Department revealed that other government officials should inform the police if such crimes committed in the Leuser Ecosystem. )n addition the Police Department claimed that investigation roles mostly had been conducted by the PPNS, see further in Deni Purba, et.all. Class Action and Legal Standing Practices in the Leuser
Ecosystem, Legal Aid )nstitute‐UML, p.
order to avoid confusion with other normal police these seconded police officials are formed specially for safeguarding the Leuser Ecosystem. This unit can be called the Special Forest Police Crime Units for Leuser Ecosystem. The PPNS under current enforcement officials at BBTNGL, BKSDA, DISHUT shall be under coordination of this special unit.
4. Overall, in addition to preventive mechanism that needs to be developed. The strategy for the law enforcement is to act based on criminal enforcement (repressive activities) and administrative law enforcement (to revoke licenses)
Activities:
‐ Increasing the status of PPNS and support the needed equipment at various government institutions in BBTNGL, BKSDA, DISHUT.
‐ Monitoring activities for the judicial case.
‐ Regular monitoring activities in the conservation areas and Leuser Ecosystem boundaries
‐ Regular consultations with various stakeholders for monitoring and prevention mechanism
‐ Provide trainings for law enforcement standard procedures
‐ Prepare MoU with Police Department Jakarta and Banda Aceh. A decree from Head of Police in Jakarta for the special units would be an advantage.
‐ Supporting the enforcement activities and due process of laws for the special units
‐ Coordinating the all enforcement officials for the Leuser Ecosystem at least once in a month to include the PPNS available under various institutions.
3.3. BOUNDARY DELINEATION
According to )ndonesian Laws Act No. year and Act No. year , the
which the forestry laws can be enforced are in the conservation boundary areas inside the Leuser Ecosystem, they are:
1. National Park (TNGL)
2. Nature Reserve
3. Wildlife Sanctuary
4. Grand Forest Park
5. Recreational Park
6. Protection and Production Forest
)n addition to the conservation and protection forest areas, the forestry laws can also be enforced outside of these areas for any illegal production forests criminal activities such as poaching.
According to the above Acts, activities to cut trees, occupy the areas, misused the areas, remove and destroy the boundary, carrying tools inside the areas for cutting trees, and other activities to change the function of the conservation areas and protection forests are criminal activities in which the forestry laws can be enforced.
Since these regulations can be enforced only in the conservation areas and protection forest as described above, it would not be possible to enforce the forestry laws outside of these areas within the Leuser Ecosystem. Therefore, enforcement officials would likely to be ignorant to enforce the laws in the Leuser Ecosystem outside of these conservation areas. Because no legal basis can be used, for example if the Leuser Ecosystem boundary is destroyed by a person. )t just then go to public crime of destroying someone else property. TO conclude, the enforcement officials would likely only to enforce the forestry laws in the conservation areas and protection forests boundary inside the Leuser Ecosystem.
Proposed of Intervention:
Strengthening the Boundary Demarcation is important for the law enforcement. Without clear demarcation, the law can notbe enforced. In addition to it, the awareness programmes should be made for government officials and communities surround the boundary areas.
Activities:
Hunting forest Lingga Isaq and protection forests in Aceh and North Sumatra are rehabilitated.
‐ Boundary demarcation for Leuser Ecosystem in North Sumatra and Aceh is rehabilitated.
‐ Boundary demarcation for enclaves in Geumpang, Marpunge, Sapopadang, simberlin and silayang layang are demarcated and or rehabilitated.
3.4. SPATIAL PLAN
Overlapping concessionariesForest areas and other areas inside LE
Although the Leuser Ecosystem boundary has been legalized, in contrast, the legal certainty of the areas inside the Leuser ecosystem remains uncertain. This is due to some overlapping policies for the utilization of the areas. Apparent disputes between conservationists and government officials had caused legal action in court for road constructions.
Boundary demarcation of some conservation areas remains uncertain. Several sparking problems due to these can be seen as follows;
The National Park which has been appointed with the Minister of Forestry
decree No. / with an increase of . has not been gazetted. As a
result the law enforcement for the national park is not fully effective.
Demarcation for other conservation areas outside TNGL but inside the Leuser Ecosystem remains unclear. The Rawa Singkil wildlife sanctuary, (unting Park Lingga )saq, Nature Reserve Serba Jadi have no management plans. This causes to extreme poor law enforcement for these conservation areas. Other areas which once had been left by the expired logging concessions inside the Leuser Ecosystem have not been evaluated. There was no determination of whether these areas have been converted into conservation areas or protection forests.
Some of Land Use Rights (GU concessionaries given to companies were also overlapping with protection forests. Some other companies have also entered into the National Park or other conservation areas because there was no certain boundary demarcation. Although some companies were also
intentionally encroached the national Park for the palm oil plantation such as in Sikundur Langkat, East Aceh, and Tripa swamp.
Some companies and cooperatives have used some enclaves to develop plantations in the Leuser National Park in Sapopadang, Simberlin, and Silayang layang enclaves.
Proposed of Intervention:
Strengthening spatial plan for the Leuser Ecosystem is needed. Evaluations of licenses and land use status inside the Leuser Ecosystem are also need to be made. This activity may involve the evaluation for ex HPHs, HGU, Mining, etc both the legal and illegal licenses. A special team to enforce the law and monitoring the spatial plan is also required. This team can be formed by Governor by forming a new or use the current officials. Areas have been left should be immediately converted into the protection forest areas. Some areas which have been left in Singkil and Aras Napal as non status land should be converted and rehabilitated immediately. A pilot project for Conservation Kabupaten can be made to ensure this model is adopted by other kabupatens by receiving proper incentives and forest protection
Activities:
‐ An evaluation of all land use status is required inside the Leuser Ecosystem to ensure the legal forest areas and non forest areas reconfirmed.
‐ Evaluation for ex concessionaire (HPH) and legal and illegal HGUs, other concessionaires inside the Leuser Ecosystem.
‐ Evaluation of the provincial spatial plan and all kabupaten spatial plans inside the Leuser Ecosystem to refer to the Leuser Ecosystem as a National Strategic Areas (Kawasan Strategis Nasional) as mentioned in the PP No. 26 year 2008.
‐ Non status areas in the corridor of Rawa Singkil and Aras Napal and other ex HPHs can be converted into the protection forests.
‐ Rehabilitation of degraded and deforested areas inside the Leuser Ecosystem.
‐ Create a Conservation Kabupaten as pilot project.
CONCLUSION
This legal research has shown of why protecting the Leuser Ecosystem was difficult to implement. An extraordinary approach is required to save this one of the largest carbon sinks in Asia. Someurgent and important proposed interventions have been explored and provided above.
A comprehensive proposed intervention would not only save the forest in the Leuser Ecosystem but also provide economic values for more than 4 million peoplewho live surrounding this area in two provinces of North Sumatra and Aceh.
The intervention will not necessary require a project based approach but rather a long term approach which shall be made in comprehensive, continuous planning and innovative strategic. The utmost protection action, not only for the forest but also for communities whose live depend on this forest services such as the Fresh Air.
REFERENCES:
Books
Rijksen, (.D and Griffiths M, , Masterplan: Leuser Development Programme,
)CD
Wind Jan, , Gunung Leuser National Park
P – EC.
: History, Threats and Options, in
rel P. van Schaik and
the Leuser Sumatran Sanctuary, edited by Ca
Jatna Supriatna, Perdana Ciptamandairi.
Purba Deni, Prints Darwan, Marjoko, Tamba Pandapotan, , Legal Class
Action
and Legal Standing practices in
the env ronment.
the Leuser Ecosystem, Legal Aid
)nstitute for i
Program Pengembangan Leuser, Sekilas tentang Kawasan Ekosistem Leuser,
, UML.
Regulations
Act No. year concerning Conservation of the living resources and their
Ecosystems
s in )ndonesia
Act No. year concerning hierarchy of the law
rnment
Act No. year concerning Aceh Gove
Act No. year concerning Forestry
Act No. year concerning Spatial Plan
tial Plan
Government Regulation No. year concerning National Spa
Qanun No. year concerning forestry in the Aceh Province
Decrees
Presidential Decree No. year concerning management of the Leuser
Minister of Agriculture Decree No. /Kpts/UM/ concerning appointment of the Gunung Leuser National Park
Minister of Forestry Decree No. /Kpts‐V)/ concerning the appointment
of the Gunung Leuser National Park.
Ministerial Decree No. year concerning conservation concessionaire in
the Leuser Ecosystem.
Minister Decree No. /Kpts‐))/ concerning the legalization of the Leuser
Ecosystem in the Aceh Province.
Governor Decree No. . / / concerning technical teams for
boundary delineation of the Leuser Ecosystem in Aceh.
Governor of Aceh Decree No. . / concerning completion of the
boundary delineation of the Leuser Ecosystem in Aceh
Governor of Aceh Decree No. . . concerning requirement for the
legalization of the completed Leuser Ecosystem Boundary.
Governor of North Sumatra Decree No. . / /K/ concerning
appointment of boundary delineation coordination team for the Leuser Ecosystem in the North Sumatra.
Governor of North Sumatra Decree No. . / /BPSU/ concerning
completion of the boundary delineation of the Leuser Ecosystem in North
Sumatra.
Minister Decree No. /Kpts‐))/ concerning legalization of the Leuser
Ecosystem in the province of North Sumatra.
Governor Decree No. year concerning the Management Board of the
euser Ecosystem L
